Broadband News

ISPs face blow as Judicial Review against DEA is dismissed

The Judicial Review examining the Digital Economy Act (DEA) has been
dismissed on four counts being protested by BT and TalkTalk with a fifth being
partially granted. The two companies were protesting the act on initially four
grounds with a fifth being added a month ago. These were:

Breach of the Technical Standards Directive by failing to notify the
European Commission

Breach of the e-Commerce Directive which states that ISPs cannot be held
liable for data going through their networks

Breach of the Data Protection Directive and Privacy and Electronic
Communications Directive as ISPs would have to handle data that is not
specifically permitted

The ISPs objected to the parliamentary costs order requiring the payment of
25% of the scheme

Mr Justice Kenneth Parker ruled that the first four of these claims were not
upheld but ruled partially in favour of ISPs over the cost-sharing agreement.
This was deemed unlawful and that the government cannot force
ISPs to pay 25% of the costs of the government in implementing the DEA
provisions.

Both BT and TalkTalk were quick to comment on the judgement stating their
disappointment.

"We're disappointed that we were unsuccessful on most of the Judicial
Review. On the question of the proportionality of the Act, we're pleased the
judge identified issues but disappointed that he felt that the evidence of the
futility of the measures imposed by the Act, and the cost and harm they will
cause, is not sufficiently definitive enough at this stage to uphold our claim.
We are reviewing this long and complex judgement and considering our options,
which may include an appeal to the Court of Appeal, or a request that the Court
of Appeal make a reference to European Court of Justice. Though we may have
lost this particular battle, we will continue fighting to defend our customers'
rights against this ill-judged legislation."

TalkTalk Statement

"We are disappointed with the outcome of the Judicial Review. We are
reviewing this long and complex judgement. Protecting our customers is our
number one priority and we will consider our options once we have fully
understood the implications for our customers and businesses.

This was always about seeking clarity on certain points of law and we have
to consider whether this judgment achieves these aims."

BT Statement

Those backing the proposals set down in the act were equally keen to state
their backing for the decision, and encourage ISPs to comply with the legal
decision.

"This judgment gives the green light for action to tackle illegal
downloading in the UK. It confirms that the DEA is proportionate and consistent
with European law. Shareholders and customers of BT and TalkTalk might ask why
so much time and money has been spent challenging an act of parliament to help
reduce the illegal traffic on their networks. It is now time for BT and
TalkTalk to work constructively with government and with rights holders to
implement the Digital Economy Act.”

Geoff Taylor, (Chief Executive) BPI

This is a blow for the ISP industry. ISPs will not be liable for any costs
of setting up the scheme (Ofcom's costs) but will be for running the appeals
process and will still have to pay 25% towards the cost of letter writing which
is used to notify users that they have breached the three-strikes policy. Click
for the full High Court decision.

Quite obviously they consider me to be their enemy, so I shall have nothing further to do with them.

Northwind

over 7 years ago

They haven't thought it through, i can only imagine where all this 3 strikes nonsense will lead, those who end up being disconnected will mean loss of revenue for the isp.and costs, which in turn will be passed on to the rest of customers, so how can this be any good for business? another waist of tax payers money pushing this seriously flawed piece of legislation by government

tommy45

over 7 years ago

forget uk courts, go to a court with a clue the EU court.

chrysalis

over 7 years ago

get rid of the goverment im voting greenparty next time atleast there not a bunch of spoilt rich a**holes

we are getting to the point where its going to be big brother i hated the show and ill be damed if im going to let the goverment control me.

if they had any brains at all they would know every step they take to stop stuff makes it 10 times harder to stop it in the future